Damages For Which You Are Not Entitled To Receive Personal Injury Compensation

Section 5. Damages For Which You Are Not Entitled To Receive Personal Injury Compensation

Unfortunately, under personal injury law injured people are not entitled to be compensated for everything. Here are some damages for which a person does not have a personal injury claim and there is not compensation.

Mental Anguish

Actually, mental anguish may or may not be compensated. It depends on whether or not a person is treated medically for mental anguish. A person may suffer some form of mental anguish such as sleeplessness from a personal injury, but if the mental anguish is not diagnosed and treated by a doctor, then it is as if the mental anguish did not occur. In other words, for mental anguish to be compensated, there must be medical proof that mental anguish was suffered. A person merely asserting that he/she suffered mental anguish is not enough.

Time Going To A Doctor

While the cost of driving to a doctor or hospital is compensated on a per mile basis, the time that a person spends at the doctor's office or hospital is not compensated unless the person takes time off from work. For example, if you drive 10 miles to your doctor's office and spend 2 hours there, you can be compensated for 20 miles (10 miles to and from), but you will not be compensated for the 2 hours unless you took time off from work. If you did take time off from work, then it will be counted as loss income and you are entitled to be compensated.

Free Medical Treatment

In order to be compensated for medical treatment, there must be a bill or charge for the treatment. For example, you are injured and you need someone to "sit" with you. If you have a paid "sitter", then you can be compensated for the costs of the "sitter". However, if you have a family member "sit" with you and there is not a charge for "sitting", then you will not be compensated for the "sitting" since there is not bill or charge to compensate.

The above is general information only and may or may not be applicable to your situation. If you have any questions whatsoever, talk with a lawyer licensed in your state.

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